Regulations
& Codified CSA > USC > Subchapter
I, Part
E > Section 872
Section 872. Education and Research Programs of Attorney General
Authorization
(a) The Attorney General is authorized to carry out educational and research programs directly
related to enforcement of the laws under his jurisdiction concerning drugs or other substances
which are or may be subject to control under this subchapter. Such programs may include --
(1) educational and training programs on drug abuse and controlled substances law
enforcement for local, State, and Federal personnel;
(2) studies or special projects designed to compare the deterrent effects of various
enforcement strategies on drug use and abuse;
(3) studies or special projects designed to assess and detect accurately the presence
in the human body of drugs or other substances which are or may be subject to
control under this subchapter, including the development of rapid field
identification methods which would enable agents to detect microquantities of such
drugs or other substances;
(4) studies or special projects designed to evaluate the nature and sources of the
supply of illegal drugs throughout the country;
(5) studies or special projects to develop more effective methods to prevent
diversion of controlled substances into illegal channels; and
(6) studies or special projects to develop information necessary to carry out his
functions under section 811 of this title.
Contracts
(b) The Attorney General may enter into contracts for such educational and research activities
without performance bonds and without regard to section 5 of Title 41.
Identification of research populations; authorization to withhold
(c) The Attorney General may authorize persons engaged in research to withhold the names and
other identifying characteristics of persons who are the subjects of such research. Persons who
obtain this authorization may not be compelled in any Federal, State, or local civil, criminal,
administrative, legislative, or other proceeding to identify the subjects of research for which such
authorization was obtained.
Affect of treaties and other international agreements on confidentiality
(d) Nothing in the Single Convention on Narcotic Drugs, the Convention on Psychotropic
Substances, or other treaties or international agreements shall be construed to limit, modify, or
prevent the protection of the confidentiality of patient records or of the names and other
identifying characteristics of research subjects as provided by any Federal, State, or local law or
regulation.
Use of controlled substances in research
(e) The Attorney General, on his own motion or at the request of the Secretary, may authorize the
possession, distribution, and dispensing of controlled substances by persons engaged in research.
Persons who obtain this authorization shall be exempt from State or Federal prosecution for
possession, distribution, and dispensing of controlled substances to the extent authorized by the
Attorney General.
Program to curtail diversion of precursor and essential chemicals
(f) The Attorney General shall maintain an active program, both domestic and international, to
curtail the diversion of precursor chemicals and essential chemicals used in the illicit
manufacture of controlled substances.
(Pub. L. 91-513, Title II, Section 502, Oct. 27, 1970, 84 Stat. 1271; Pub. L. 95-633, Title I,
Section 108(a), Nov. 10, 1978, 92 Stat. 3773; Pub.L. 100-690, Title VI, Section 6060, Nov. 18,
1988, 102 Stat. 4320.)
EDITORIAL NOTES
Amendments
1988--Subsec. (f). Pub. L. 100-690 added subsec. (f).
1978--Subsecs. (d), (e). Pub. L. 95-633 added subsec.
(d) and redesignated former subsec. (d) as (e).
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-690 effective 120 days after
Nov. 18, 1988, see section 6061 of Pub. L. 100-690, set out as a note under
section 802 of this title.
Effective Date of 1978 Amendment
Amendment by Pub. L. 95-633 effective on date the
Convention on Psychotropic Substances enters into force in the United States
[July 15, 1980], see section 112 of Pub. L. 95-633, set out as an Effective Date
note under section 801a of this title.
Training for Drug Enforcement Administration and
State and Local Law Enforcement Personnel Relating to Clandestine Laboratories
Pub. L. 106-310, div. B, title XXXVI, Sec. 3623, Oct.
17, 2000, 114 Stat. 1231, provided that:
"(a) In General.--
"(1) Requirement.--The Administrator of the Drug
Enforcement Administration shall carry out the programs described in
subsection (b) with respect to the law enforcement personnel of States and
localities determined by the Administrator to have significant levels of
methamphetamine-related or amphetamine-related crime or projected by the
Administrator to have the potential for such levels of crime in the future.
"(2) Duration.--The duration of any program under
that subsection may not exceed 3 years.
"(b) Covered Programs.--The programs described in this
subsection are as follows:
"(1) Advanced mobile clandestine laboratory training
teams.--A program of advanced mobile clandestine laboratory training teams,
which shall provide information and training to State and local law
enforcement personnel in techniques utilized in conducting undercover
investigations and conspiracy cases, and other information designed to assist
in the investigation of the illegal manufacturing and trafficking of
amphetamine and methamphetamine.
"(2) Basic clandestine laboratory certification
training.--A program of basic clandestine laboratory certification training,
which shall provide information and training--
"(A) to Drug Enforcement Administration personnel and
State and local law enforcement personnel for purposes of enabling such
personnel to meet any certification requirements under law with respect to the
handling of wastes created by illegal amphetamine and methamphetamine
laboratories; and
"(B) to State and local law enforcement personnel for
purposes of enabling such personnel to provide the information and training
covered by subparagraph (A) to other State and local law enforcement
personnel.
"(3) Clandestine laboratory recertification and
awareness training.--A program of clandestine laboratory recertification and
awareness training, which shall provide information and training to State and
local law enforcement personnel for purposes of enabling such personnel to
provide recertification and awareness training relating to clandestine
laboratories to additional State and local law enforcement personnel.
"(c) Authorization of Appropriations.--There are
authorized to be appropriated for each of fiscal years 2000, 2001, and 2002
amounts as follows:
"(1) $1,500,000 to carry out the
program described in subsection (b)(1).
"(2) $3,000,000 to carry out the
program described in subsection (b)(2).
"(3) $1,000,000 to carry out the
program described in subsection (b)(3).''
Educational Program for Police Departments
Pub. L. 104-305, Sec. 4, Oct. 13, 1996, 110 Stat. 3809,
provided that: "The Attorney General may--
"(1) create educational materials regarding the use of
controlled substances (as that term is defined in section 102 of the Controlled
Substances Act [21 U.S.C. 802]) in the furtherance of rapes and sexual assaults;
and
"(2) disseminate those materials to police departments
throughout the United States.''
Study and Report on Measures To Prevent Sales of
Agents Used in Methamphetamine Production
Pub. L. 104-237, title II, Sec. 202, Oct. 3, 1996, 110
Stat. 3101, provided that:
"(a) Study.--The Attorney General of the United States
shall conduct a study on possible measures to effectively prevent the diversion
of red phosphorous, iodine, hydrochloric gas, and other agents for use in the
production of methamphetamine. Nothing in this section
shall preclude the Attorney General from taking any
action the Attorney General already is authorized to take with regard to the
regulation of listed chemicals under current law.
"(b) Report.--Not later than January 1, 1998, the
Attorney General shall submit a report to the Congress of its findings pursuant
to the study conducted under subsection (a) on the need for and advisability of
preventive measures.
"(c) Considerations.--In developing recommendations
under subsection (b), the Attorney General shall consider--
"(1) the use of red phosphorous, iodine, hydrochloric
gas, and other agents in the illegal manufacture of methamphetamine;
"(2) the use of red phosphorous, iodine, hydrochloric
gas, and other agents for legitimate, legal purposes, and the impact any
regulations may have on these legitimate purposes; and
"(3) comments and recommendations from law
enforcement, manufacturers of such chemicals, and the consumers of such
chemicals for legitimate, legal purposes.''
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